Divorce mediation is a popular option for many couples. Couples who know their marriages are beyond saving may still want to limit the conflict in their divorces. Mediation can be a more peaceful way to divorce. Divorce mediation requires working together to resolve disagreements about financial matters and custody.
Spouses sign binding agreements that then determine the details of their divorces. By working together, they can limit conflict and bad blood. Particularly when parents have children and must interact with each other regularly after a divorce, mediation can be a much better option than a litigated divorce. Parents have more control over the final terms and can avoid causing additional damage to their dynamic that may harm their children in the long run.
Proper preparation is key to success during mediation. How can those preparing for divorce mediation make the best of their difficult circumstances?
Recognize red flags ahead of time
There are a number of scenarios in which mediation is not likely the best option available. In scenarios involving domestic violence, including emotional abuse, the dynamic between the spouses might make it very difficult to obtain a fair outcome.
Additionally, if one spouse is manipulative and charismatic, mediation may not necessarily be the best option. Finally, those who have legitimate concerns about their spouse hiding assets from them or the courts may want to reconsider mediation because they don’t have the protection of formal discovery during property division.
Learn about the law
People who understand the basics of how the courts handle litigated custody matters and equitable property division can set achievable goals for mediation. Many people draft proposed parenting plans and property division settlements with their lawyers before mediation.
The ideal situation is to come to the table with realistic requests but also a degree of flexibility. Compromising in certain areas can make it easier to secure specific terms in other aspects of divorce mediation. Those who have learned about how the state handles litigated divorces are in the best position possible to secure appropriate terms in an upcoming divorce. Having unrealistic demands may simply set people up to fail during mediation.
People may also need to review the basics of what occurs during mediation with a skilled legal team to present their best selves during mediation sessions. Ideally, people will have an opportunity to talk about their goals and concerns with their lawyers before attending divorce mediation, given all that is at stake.